Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2005] NSWSC 1127

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2005] NSWSC 1127

It is not appropriate to order a second mediation given parties' opposition, the complexity of the issues, and unresolved funding concerns; all outstanding issues are stood over to a hearing scheduled for 18 April 2006.

Parties
Plaintiff: Peter Lawrence Lewis; Applicant: Lamru Pty Ltd; Respondent: Kation Pty Ltd; Liquidator: Brian Raymond Silvia; Defendant: Nortex Pty Ltd (In Liq); Defendant: Mark Lewis
Jurisdiction
Australia
Judgment Date
04 November 2005
Procedural Posture
Equity / Preliminary Orders; Issues Stood Over for Final Hearing
Outcome
Matter not referred compulsorily to mediation; all outstanding issues stood over to fixture commencing on 18 April 2006.
Legal Topics
Supreme Court Procedure, Order for Mediation, Power to Order Mediation, Second Mediation After Failed Mediation, Outstanding Issues
Equity Supreme Court Procedure Order for Mediation Power to Order Mediation Second Mediation After Failed Mediation Outstanding Issues

Case Brief

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Parties

Peter Lawrence Lewis

Plaintiff

Lamru Pty Ltd

Applicant

Kation Pty Ltd

Respondent

Brian Raymond Silvia

Liquidator

Nortex Pty Ltd (In Liq)

Defendant

Mark Lewis

Defendant

Procedural Posture

Equity / Preliminary Orders; Issues Stood Over for Final Hearing

Legal Issues

  1. 1 Whether the Court should order a second mediation when all parties oppose it
  2. 2 Whether declaratory relief can be granted
  3. 3 How interest should be calculated on sums to be paid (simple or compound)

Ratio Decidendi

It is not appropriate to order a second mediation given parties' opposition, the complexity of the issues, and unresolved funding concerns; all outstanding issues are stood over to a hearing scheduled for 18 April 2006.

Court Disposition

Matter not referred compulsorily to mediation; all outstanding issues stood over to fixture commencing on 18 April 2006.

Orders

  • No compulsory mediation ordered.
  • Four outstanding issues (declaratory relief, interest, figures for loan accounts, costs) stood over for hearing commencing on 18 April 2006.